Board should use common sense on gate-access issue

Q. I reside in a town home community with gate access via key code. The gate hours are programmable from the management company's office. Recently, a family moved in (renters) and called the management company to request the gates be opened in the morning/afternoon for a half-hour window to allow the special needs middle school bus to provide curbside service for their special needs child. The board voted to deny the request claiming the family knew it was a gated community when they moved in, and therefore, should have known the gates would not be open. They felt the parent should be responsible for transportation since the school district does not allow the bus driver to leave the bus to push the code and the keypad is not accessible from the bus driver's seat. I should mention that the board did previously approve a request to open the gates for the high school special needs bus. I have contacted our management company, pleaded to the board, called the school district and written the ADA, all on the behalf of the family. I am an owner, educator and parent. The parent has subsequently lost her job because she was transporting her daughter to/from school while waiting for the board's decision. Does the board have the authority to deny a reasonable request to allow gate openings to enable a special needs bus access into the property? Since they have previously approved a similar request, does this become discrimination because the parents are renters and not an owner? I read your column often, and hope you might be able to answer this question for our community and the many other gated communities. — W.I., Riverview

A. This question, when I first read it, really bewildered me to provide the correct answer. That evening, I was invited to dinner in a community's restaurant. I sat near the window looking out on the street of the community center. I first watched a couple of young adults slowly bike down the street. Then a skater followed them and passed near the window. A mother pushed a stroller and her husband held his daughter's hand and they strolled passed the window. Several other people slowly walked past my window enjoying the evening's last light, laughing and talking about pleasant things. You could see joyfulness in their faces. I thought to myself what a great place to live. These people are really enjoying the community. For some reason, the question of this board's action clicked in my mind. It was a balancing act, live here or there? All it takes is a little compassion to make the difference. While it is not in the statutes, making the association a happy place to live should be. It should be written that boards are not elected to make living in the community arduous. When boards do the wrong things, questions will arise and not be forgotten. Will this decision be a message that will influence potential buyers if they want to live in this community or will they select another community that has compassion?

Q. A Canadian who wished to buy property here was told to his face by the owner that she would not sell to a Canadian. Others in the association are angry about this. Was this owner breaking any law in refusing a Canadian? — J.M., Largo

A. Since this is an owner and not the association, it becomes a violation by the seller rather than the association. There are several federal discrimination laws when selling real estate addressing: age, race, gender, sexual orientation, disability, religion and national origin. From the Department of Justice: "Laws prohibiting national origin discrimination make it illegal to discriminate because of a person's birthplace, ancestry, culture or language. This means people cannot be denied equal opportunity because they or their family are from another country, because they have a name or accent associated with a national origin group, because they participate in certain customs associated with a national origin group or because they are married to or associate with people of a certain national origin."

Q. Can the board of directors appoint alternates to serve as directors for absent directors? Can they have voting rights the same as the elected directors? Our board has always appointed alternates when the elected directors cannot attend meetings. They have voted on new rules and approved many motions for repairs. If they did not have voting rights, does that invalidate those passed rules and motions? — G.A., St. Petersburg

A. In reading FS 617, it does not refer to an alternate director. It would be my belief that the board cannot appoint a temporary director to sit in for an absent director, but check your bylaws to see if they allow a temporary replacement. The elected director would have to resign before a new director fills his/her vacancy. I have seen boards that had a director for six months, and then when he went north, he resigned, and a new director was nominated to fill his spot while he was away. The statutes make it very easy for an absent director to use a speaker phone and be counted as present. As to legality of any action taken by the board with temporary directors, that would be a question for the association's attorney. It is my belief that it would be considered an illegal vote if the matter was challenged.

Q. Our community association board of directors is in shambles. The president has taken several positions without consulting with the other directors. As a result, most of the directors resigned, putting pressure on the president, who also resigned. There is little interest for the owners to become involved. What are we legally required to do to operate our association? Should we use a management company? — R.E., Lakeland

A. This is one of the most common questions today. You and your neighbors must help yourselves. Something must be done to cause the members to pay attention. Failure to do so will affect the values of the homes. With the reduction in home values today, this will further depress the lower values. The lack of properly operating boards may make the homes impossible to sell. That is something your community does not need. Yes, management can help, but you still need a board of directors. The good thing about having management is that it can reduce the work required by the directors and should attract members to volunteer if they know that management will perform most of the day-to-day work. Management can also provide guidance to help make the major decisions. Why not use the remaining directors to call a members' social to talk about the future of the association? If you have to, go door to door and invite the members. Tell them that their failure to help may cause severe reduction in the values of their homes and create extreme increases in fees. Ask them to attend the social and talk about the association's future. A few people working for this effort can begin to bring the association back together.

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Richard White is a licensed community association manager in Florida. Questions should be mailed to him at 6039 Cypress Gardens Blvd. # 201, Winter Haven, Fl. 33884-4415; e-mail CAMquestion@cfl.rr.com. To be considered, questions and comments should include the author's name and city. Questions should be about association operations, not legal matters.